Illegal Encroachment Over Pond: Gujarat High Court Dismisses Residents' Plea Challenging Notices To Vacate Govt Land

The Gujarat High Court on Friday (November 28) dismissed pleas by 77 individuals challenging notices to vacate possession of a premises stated to be water body in Ahmedabad, observing that the construction was unauthorized, done without any permission and the occupants lacked ownership. Justice Mauna M Bhatt in her order noted that the pleas were filed challenging notices dated 6-11-2025 where petitioners are directed to give peaceful vacant possession within 21 days. "In the notice the pollution created by residents of that area is also referred to...It is true that the notices refer to revenue survey no. 258 in Town Planning Scheme Naroda, Plot No. 14/2 wherein in Kamal Talav has been situated. It is noticed that the polluted pond is visibly seen...Taking into consideration the submission of petitioner that they are in occupation of premises since many years cannot be disputed," the court noted. The court however was of the opinion that "long possession over the property shall not create any ownership right" and even though in this case the electricity bills, property tax and other related documents establish long occupation; however "not a single document is produced justifying the ownership over the property or the construction done with prior permission of the municipal corporation". The court said:"Therefore, admittedly, in the opinion of this court, the construction done is unauthorizedly done without there being any development permission in favour of the petitioner, as also on the land which is not in the ownership of petitioner. On the contrary the documents annexed along with the petition (annexure 4, page 226, 227) refers to 7/12 extract and form F prepared by town planning authority which refers to ownership of land with the state government. Therefore the submission canvassed that no construction is permitted on a government land merits acceptance. Therefore it is an admitted fact that in this petition all the petitioners have created construction unauthorizedly on a government land which is a water body. There is no denial to the fact that survey no. 258 refers to a water body where kamal talav is situated. The map justifies existence of kamal talav...from the notice it is evident that construction done on revenue survey no. 258 being water body deserves to be vacated or otherwise appropriate action permissible under provisions of the act needs to be taken by municipal corporation"The court thereafter referred to Supreme Court's decision in Kaniz Ahmed v/s Sabuddin & Others where the apex court had dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished.It further referred to Mirza Abid Beg v. State of UP & Ors where apex court had held that State has the constitutional duty to not only protect water bodies within the state but also to restore those water bodies which have been illegally filled in."Therefore in the opinion of this court when the law is settled no construction is permissible unauthorizedly either on government land or on water body this court could not see any illegality or error in notices issued by the corporation," the court said. The petitioners had challenged notices dated 6-11-2025 directing them to give peaceful vacant possession of their premises within 21 days. A reference of construction done a water body was mentioned in the notices. The notices dated 6-11-2025 has been served to all the petitioners individually. The petitioner's counsel submitted on instruction that the notices are required to be quashed because the petitioners are residents of revenue survey no 257 and are having residences since many years.The counsel relied upon electricity bills as also the property tax bills to justify their long occupancy. It was submitted that petitioners are residing on revenue survey number 257 as is evident from electricity bill and tax bill wherein the residential details reference to revenue survey no. 257 is made. It was submitted that since petitioners details with regard to their residence have been referred as revenue survey number 257, petitioners are of the belief that they are residing in 257 despite that a notice has been issued to all the petitioners referring to revenue survey no. 258. It was argued that without assessment of area in question the notices were issued. The notices refer to the development of a pond and it also refers to an encroachment being done on the water body and since the development and beautification of the pond is to be done the possession is required to be given to municipal corporation being implementing authority. The petitioners however claimed that they were not residing over a water body but their residences are around a water body. Allegation of plastic waste and pollution created in a pond area is erroneous. Counsel for the corporation invited the court's attention to the notice to submit...

Illegal Encroachment Over Pond: Gujarat High Court Dismisses Residents' Plea Challenging Notices To Vacate Govt Land

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Illegal Encroachment Over Pond: Gujarat High Court Dismisses Residents' Plea Challenging Notices To Vacate Govt Land

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers